Defense begins presenting witnesses in Magalia homicide case

OROVILLE -- The defense began its presentation Friday in the trial of Magalia man charged with allegedly killing his father.

Christopher James McCarty, 32, is on trial in Butte County Superior Court for a felony count of murder for the death of his father, Michael, on Aug. 10, 2011.

Much of the testimony Friday afternoon focused on differing perspectives on the details of the shot that killed Michael McCarty at his residence on the 6000 block of Some Way.

Kenton Wong, a forensic scientist testifying for the defense, said his review of evidence showed the victim was shot at close range with entrance wound closer to his lip than right eye.

Under questioning by defense attorney Robert Marshall, Wong said he concluded that dark marks above Michael McCarty's upper lip was soot ejected from the rifle during the shot and likely where the shot struck the victim. Based on the soot, he said the end of the gun's muzzle was inches away from the victim.

Resk testified last week that he didn't find any gunfire residue, concluding the shot came from at least two feet away. Resk also said the entrance wound was below the victim's right eye.

Wong responded that he and a forensic doctor considered the images and concluded it could only be soot and not an abrasion as Resk determined.

There was also a discussion about the bullet's course before it ultimately exited through a window.

Earlier Friday, the prosecution concluded presenting its case with witnesses addressing the alleged weapon and what reportedly happened during the incident.

Don Dunbar, a criminalst with the state Department of Justice, said he examined and tested the weapon located on the property — a Browning .300 Magnum rifle. During one test, he determined it took about 3-1?4 pounds of pressure to engage the trigger, which was on the lower end of the normal range of trigger pulls.

Dunbar also tried to get the unloaded gun to engage by dropping it at various angles, but it didn't go off. He also looked for blood or similar evidence on the muzzle, but didn't find any.

Amber Stromsoe testified about taking Patricia McCarty, Christopher's mother, to the house after the shooting.

Stromsoe said Patricia McCarty told her she had been on the phone with Michael McCarty, her ex-husband, when there was an argument between the defendant and the victim before the phone disconnected.

Arriving at the residence, Stromsoe saw Christopher's brother, Daniel, with his nephew. After putting the nephew in her car, she entered the house and found the victim's body before calling 9-1-1.

After about 10 to 15 minutes, she said an overwhelmed Daniel McCarty punched Christopher McCarty, saying "What did you do?" Christopher McCarty reportedly didn't say anything as someone separated them.

Stromsoe's testimony differs in some ways from Patricia and Daniel McCarty's testimony from Monday. Notably, Patricia McCarty denied that her ex-husband discussed a dispute during the call and had never mentioned Christopher McCarty.

Stromsoe said Patricia McCarty spoke with her after McCarty testified and told her to say some things, but not others, so the testimony would be consistent.

Marshall appeared to address some of the discrepancies by playing a recorded interview between Patricia McCarty and police. The interview sounded consistent with McCarty's testimony.